WRITTEN QUESTION No. 2521/96 by Fernand HERMAN to the Commission. Advisory Committee on Public Contracts
Date: 1996-09-25
Institutions: European Parliament, HERMAN
Subjects: administrative responsibility, advisory committee (EU), candidate, professional experience, public contract, single market













EUR-Lex - 91996E2521 - EN






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91996E2521

WRITTEN QUESTION No. 2521/96 by Fernand HERMAN to the Commission. Advisory Committee on Public Contracts  


Official Journal C 072 , 07/03/1997 P. 0050 





WRITTEN QUESTION E-2521/96 by Fernand Herman (PPE) to the Commission (25 September 1996)Subject: Advisory Committee on Public ContractsThe Advisory Committee on Public Contracts, created by decision of 26 July 1971, has, since 26 May 1987, been accompanied by an Advisory Committee on the Opening-up of Public Procedurement, made up of 25 members who are not government experts.The value of the services rendered by the Advisory Committee on the Opening-up of Public Procurement to DG III and DG XV would appear to be undeniable, particularly given the growing number of infringements of European rules and the increasingly urgent need to review current directives to incorporate the Marrakesh Protocol of 15 April 1994 and the memorandum of understanding with the USA. However, this committee has not been convened since March 1995.Can the Commission give the reasons for this abrupt lapse into inactivity?Answer given by Mr Monti on behalf of the Commission (15 November 1996)The Commission agrees with the Honourable Member that the opinions given by the Advisory Committee on the Opening-up of Public Procurement during the eight years of its existence proved very useful in assessing the economic, technical, legal and social realities of public procurement. This is indeed the reason why the Commission sought the Committee's opinion on 7 December 1994 on the draft directives necessitated by the agreement on public procurement concluded at Marrakesh on 15 April 1994.As Committee members are appointed for two years, their last term of office expired in October 1995. The Commission has endeavoured to ensure that the composition of the Committee reflects the sort of questions that might be submitted to it for an opinion. As constituted at the time, the Committee met the Commission's requirements during the essentially legislative phase of Community procurement policy. Now that the legal framework is in place, the main task in future will be to ensure that the framework is transposed, the resulting obligations correctly applied and real economic effects produced.In a notice published in the Official Journal, ((OJ C 336, 14.12.1995. )) the Commission invited all persons with the relevant experience to submit applications to become members of the Committee in its new composition.The Commission is currently examining the applications sent in or the names identified by other sources with a view to drawing up a new list of members with the professional experience the Commission will require over the next two years.The Honourable Member's attention is also drawn to the fact that the Advisory Committee for Public Works Contracts, set up by Decision 71/306/EEC, ((OJ C 185, 16.8.1971. )) and the Advisory Committee on Telecommunications Procurement, referred to in Article 44 of Directive 93/38/EEC, ((OJ L 199, 9.8.1993. )) continue to assist the Commission. The former meets regularly, while the latter will meet soon in view of the anticipated development of competition on this market and the implementation of the rules governing the liberalization of this sector.